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Print 34 comment(s) - last by honorabili.. on Nov 3 at 1:18 PM

Dell bookkeepers got a little too creative with their figures.

A Federal Trade Commission (FTC) investigation has unveiled some unseemly behavior on the part of Dell Inc. over the years.  As these allegations have come to light, Dell has tried to come clean by revealing an even darker secret.

The Federal Trade Commission’s investigation has been ongoing for the last two years.  It has centered around backdating options to maximize the company's value on paper.  Soon the investigation took a worse turn, though, when it was discovered that Dell was "cooking its books" so to speak to make its earnings seem better than they really were.

Dell's fiscal managers would shuffle money between accounts to try to cover over losses and hide struggles in various departments with successes in others.  Senior executives had knowledge of these activities and even encouraged them.

The money compound and the net result is that the company is $92 million USD less than it said it did over a four year period, or about $23 million USD less per year.

Dell has submitted five amended or updated 10-Q reports with the US Securities and Exchange Commission yesterday accounting for these "errors" based on the results of its internal investigation on the matter.

The reports included a statement which says the following:

[There is] evidence that certain adjustments appear to have been motivated by the objective of attaining financial targets.  According to the investigation these activities typically occurred in the days immediately following the end of a quarter, when the accounting books were being closed and the results of the quarter were being compiled. The investigation found evidence that, in that timeframe, account balances were reviewed, sometime sat the request or with the knowledge of senior executives, with the goal of seeking adjustments so that quarterly performance objectives could be met.

The formal report follows a verbal admission which Dell issued two months ago, covered here at DailyTech.

The problem is not merely that the earnings were misstated, but that the misstatements compounded and made the company appear more valuable than it really was.  This is liable to hurt investors in the firm.

Dell CEO Michael Dell says that now that the unpleasant news is out of the way, the company can resume its quarterly strategy calls late next month -- a practice the company suspended when the investigation began.  The strategy call will take place on November 29, with a stockholders meeting following, the next week. 

It is expected that for these meetings Dell may tap CFO Don Carty, former Disney executive who was recently recruited by Dell to bring back accountability and respectability to the business.

Carty pushed for Dell's financial department to reveal the full extent of its mistake.

Apparently honesty really does pay off.  Following Dell's admission some investors starting buying stock, raising it 2.5 percent last night.  Dell hopes that its admission will lead NASDAQ to not follow through with its threats of delisting.  Most experts think NASDAQ is unlikely to make such a move.

Dell is the second largest seller of home computers in the U.S.  It was formerly number one, but has been struggling, losing market share to HP.  The struggling giant has also been losing business in the server market.  Dell is trying to expand overseas, including in China, as reported at DailyTech.

Dell did show signs of life in the second quarter of 2007, beating expectations.  Hopefully the new revelations are the sign of Dell really turning over a new leaf, as the computer giant faces a difficult uphill struggle regaining market share from its rival HP.


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Robbery
By bighairycamel on 10/31/2007 2:17:47 PM , Rating: 5
If I were to go the the 7/11 and grab $20 out of an open cash register I would be looking at 2-5 years. But yet, a corporate exec can muff up numbers to get his multi-million dollar bonus check evey year, robbing the company and it's shareholders, then appologize and take home the bank.

/gripe




RE: Robbery
By darkpaw on 10/31/2007 3:04:31 PM , Rating: 5
Justice may be blind, but that doesn't stop her from accepting cash, credit, or cashier's check.


RE: Robbery
By FITCamaro on 10/31/2007 3:14:34 PM , Rating: 5
She told me cash only last night. :(

Guess the hookers in your area are more high tech.


RE: Robbery
By AstroCreep on 10/31/2007 7:18:18 PM , Rating: 1
"Bitches be crazy".


RE: Robbery
By StillPimpin on 11/1/2007 9:29:48 AM , Rating: 2
LOL! I don't know how many here would get that but, thanks Ed.


RE: Robbery
By Alexvrb on 10/31/2007 11:04:31 PM , Rating: 5
Yeah but, uh, FIT... you had on your beer goggles. That wasn't Justice. That was Justiqua.


RE: Robbery
By abhaxus on 10/31/2007 11:46:03 PM , Rating: 5
At least it wasn't Justin.


RE: Robbery
By honorabili on 11/3/2007 1:18:01 PM , Rating: 2
The ones in my area have vaginal credit cards.


RE: Robbery
By Oregonian2 on 10/31/2007 3:29:00 PM , Rating: 2
I don't think you'd get much of anything at the 7-11. If you're one year underage and murder the teller, you'd just get one year of detention (at worst) and even have your record made clean. Jails are overcrowded, you can get nearly nothing for very nasty things even if done multiple times (twice anyway, the three-strike rules will then kick in). You can be a serial murderer and kill thousands over twenty years -- the worst you'd get within the SF Federal appeals court jurisdiction area is life in prison (even with a theoretical death sentence).


RE: Robbery
By JackBeQuick on 10/31/2007 4:11:05 PM , Rating: 2
If it was an armed robbery you'd almost certainly be doing time.


RE: Robbery
By Mitch101 on 10/31/2007 3:33:42 PM , Rating: 2
I would expect a shareholder lawsuit to follow.


RE: Robbery
By JackBeQuick on 10/31/2007 4:10:37 PM , Rating: 2
Almost certainly. If Dell doesn't roll on Rollins for this I would not be surprised if some higher courts get involved a la H-P.


RE: Robbery
By killerroach on 11/1/2007 9:13:29 AM , Rating: 3
"Dude, you're getting a subpoena!"


RE: Robbery
By Proteusza on 11/1/2007 6:20:28 AM , Rating: 2
I entirely agree. I dont care if they are part of a corporation, they committed a crime, and they should pay.


RE: Robbery
By Polynikes on 11/1/2007 7:35:15 AM , Rating: 1
There's a reason why pre-Keynesian economists didn't like the idea of government interfering with the economy.


What isn't mentioned?
By JackBeQuick on 10/31/2007 4:13:14 PM , Rating: 3
Did everyone suddenly forget about the $1 billion per year that Intel kicked back to Dell?

That was HUGE news, and now suddenly Dell has all these account errors for the same timeframe? Oh and don't forget that their acting CEO mysteriously quit without warning either.

http://www.dailytech.com/article.aspx?newsid=5964

These guys are really Enron-caliber slime. Dell, Rollins and the lot of them should pay.




RE: What isn't mentioned?
By James Holden on 10/31/2007 6:12:38 PM , Rating: 2
A very good question, and I'm very curious as to the answer. Jason, any thoughts?


RE: What isn't mentioned?
By nofranchise on 10/31/2007 7:59:33 PM , Rating: 1
Oh leave 'em alone! Why does the government have to stick it's nose in wherever it wants!? Next it'll be Haliburton, McDonalds or perhaps even Microsoft! I say no more government snooping and rooting in private corporations affairs. Let the market handle it - the free and beautiful market will judge those who needs judging.

This was a special presentation brought to you in cooperation with FOX News - News you can trust, and the Republican Party. Batteries not included. Caution: Children may swallow whole.


RE: What isn't mentioned?
By Odeen on 11/1/2007 2:52:15 AM , Rating: 2
The problem is that, without perfect information, a free market isn't free. "Free market" only works not just when people are all capable of making perfectly rational decisions, but also when they have the information on which to base those decisions.

Without an overseeing body, this investigation would not have happened.


RE: What isn't mentioned?
By elpresidente2075 on 11/1/2007 3:08:55 AM , Rating: 2
At least the company is still profitable, everyone still has their 401k and they still have a large market share on all fronts.

Lets not forget all this shady action took place years ago, and the fallout is only now starting to become apparent. The current state of affairs is much better at Dell, and hopefully they will continue to put out cheap, reliable (much more so than in previous years) computers for consumers to enjoy.

And don't tell me that if you were presented with an opportunity to make dozens of millions of dollars and get away with it all, that you wouldn't take it. Also, please show me where anyone lost money here, as that aspect seems to be missing here. If someone is stealing, there has to be someone who is getting their money stolen. Who is that?


RE: What isn't mentioned?
By Proteusza on 11/1/2007 6:24:21 AM , Rating: 2
That sounds very much like an ends justifies the means line of thinking.

Frankly, it isnt right. Dell committed a crime by lying about its financial position, and thus should pay for it.

Dell's lies probably affected other retailers - if Dell had not lied about their earnings, and thus got investment and market confidence, perhaps HP, Compaq or Packard Bell would have done better? If I was HP, I would be extremely angry.

On a side note, my company ordered a high powered Dell workstation, and its lopsided! It leans forward.


RE: What isn't mentioned?
By nofranchise on 11/1/2007 7:58:29 AM , Rating: 2
Another attempt at sarcasm goes unnoticed by the wise masses...

Attempt numero duo:

If nobody lost money, then hey everything is fine! Unless I see evidence that Michael Dells hand was IN the cookie jar GRABBING the money, then I will happily go on with my life. I mean it's just ridiculous to say any harm was done unless REAL money was involved. Liberals crying about other companies, competition and fair trade are just whiners who should shut the f*** up and buy more crap - NOW!


RE: What isn't mentioned?
By elpresidente2075 on 11/2/2007 3:22:00 AM , Rating: 2
quote:
On a side note, my company ordered a high powered Dell workstation, and its lopsided! It leans forward.


3 options:
1: get a new workstation
2: put a book under it
3: get over it, it's what's inside that counts

More to the point of your post, who should Dell pay? The government? They didn't lose any money. HP? Hell no, they have plenty of marketshare/money anyway, not to mention they were by no means hurting during that time. The consumer? I challenge any one of us to build a functional computer in the 300-400 dollar range with a fully configured OS, monitor, keyboard, mouse, speakers, and 1 year of 24 hour tech support. Who??

If Dell is such a bad company, people will stop buying their products, and they will lose all their money. They are not forcing anyone to buy anything. If HP is mad due to Dell's actions, then they will bring lawsuit. Ultimately though, the only people that will come out ahead here is the lawyers, and the whole situation has little to no bearing on anyone here, despite anecdotal evidence such as "I bought a Dell computer" and "I bought some Dell stock".


RE: What isn't mentioned?
By Proteusza on 11/2/2007 8:07:33 AM , Rating: 2
You dont understand what I mean by lopsided. Its not that its unstable. Its that the piece of metal used to make the chassis was cut as a rhombus instead of a square, in terms of outline. very bizarre.

I dont care what dell does to make money for its investors, I care that they lie about their financials, which is a federal crime. If I commit a federal crime, such as tax evasion, I pay a fine to the government or go to jail. Why should Dell be any different? And also, because the lies were created by people who work for Dell, and not the entity Dell, those people should be punished. I cant understand why they arent.

Frankly I dont care if Dell sells full desktops for $400 - one could argue if Dell had not lied about its financials, market pressure from HP etc could have brought the price down. Whatever perceived "service" a company offers should not mitigate its responsibility to the law. Thats like saying a policeman is allowed to steal because of the service he provides.


RE: What isn't mentioned?
By Targon on 11/1/2007 7:30:49 AM , Rating: 2
Is it really better now, or has there been a shortage of information caused by the internal audit? Dell is still Dell, with jobs that were cut here in the USA and sent to India. They still push machines that have too little memory for the installed OS, which preys on those stupid enough to buy them.

Honestly, unless you work at Dell and have seen a notable change in how the company is run on a day to day basis, defending the Dell of today because there are no NEW accusations of corruption and payoffs doesn't mean things have gotten any better.


Just me
By FITCamaro on 10/31/2007 2:27:50 PM , Rating: 2
Or does Michael Dell look like John Edwards (the guy who "talks to dead people") in that picture?




RE: Just me
By mezman on 10/31/2007 2:44:14 PM , Rating: 3
He looks like he's getting ready to put a hex on someone.


RE: Just me
By Hase0 on 10/31/2007 3:49:24 PM , Rating: 2
he's clearly practicing his micro


Lewis Black on CNN stock ticker
By Regs on 10/31/2007 8:53:15 PM , Rating: 4
I like Lewis Black's joke on this. All those tickers and scroll bars that take up 1/2 the screen on news channels in the morning.

"Take that crap off the screen, it's not needed. All it shows is that someone is getting rich in this country and it aint you!"




By crystal clear on 11/1/2007 3:32:01 AM , Rating: 2
quote:
as the computer giant faces a difficult uphill struggle regaining market share from its rival HP.


It also faces a difficult uphill struggle regaining the confidence of investors/financial community.
It will be viewed with suspicion & doubt......

Trust/Confidence once lost is very hard to regain.

It takes years of hardwork & dedication to build ones reputation for honesty,creditability & reliability,but one stupid act ruins it all in a few minutes.


quote:
Apparently honesty really does pay off.


Rather it should be-

Honesty pays, but it don't seem to pay enough to suit a lot of people."

quote:
Carty pushed for Dell's financial department to reveal the full extent of its mistake


Not mistakes rather intentional-manupulations/deceptions/criminal intent/misrepresentation of fact/figures punishable by law.

quote:
This is liable to hurt investors in the firm.


Who can sue Dell for damages worth millions...ever thought about this.

quote:
Dell has submitted five amended or updated 10-Q reports with the US Securities and Exchange Commission yesterday accounting for these "errors" based on the results of its internal investigation on the matter.


Again they are not errors rather manupulations/deceptions/criminal intent/misrepresentation of fact/figures punishable by law.

Finally

Dell bookkeepers got a little too creative with their figures.


I would replace the word creative with disceptive




By bldckstark on 11/3/2007 11:25:58 AM , Rating: 2
One would hope you would replace it with DECEPTIVE, not disceptive.


Meh
By gramboh on 11/1/2007 1:31:51 PM , Rating: 2
This is not a material number if you consider annual earnings (2006) $3.5B on revenue of $56B, this is about 0.6% of earnings.

Investors don't care about something this small (inter-department allocations). The bigger concern would/should be a breakdown in controls over financial reporting that allowed this to happen (then again, it was in prior periods).

I would argue no one lost money and there was no impact on invenstor confidence/competitors because the amount is clearly immaterial on an annual and aggregate basis and it is not a theft, but inter-department allocation trickery (yes, against GAAP, but not theft of actual funds/property).

There is a reason the stock price didn't blink at this news people.




RE: Meh
By Aerius on 11/1/2007 4:17:06 PM , Rating: 2
100% correct; the news is not material.

Basically every company will shuffle revenue around departments and between periods to some extent regardless of whether or not it is technically legal. As long as it is done on a small scale I don't think anyone cares since it is expected. Analysts and investors like smoothed numbers that don't cause a lot of volatility and staff like steady pay checks and bonuses.

Backdating probably had a way bigger effect than this.


This is not new at all
By Dfere on 11/1/2007 9:22:54 AM , Rating: 2
Under Jack Welch, GE had a history of earning exactly what it projected for better than a decade. Now Intel seems to do the same.

Turns out GE was doing huge amounts of expense reserving and accruing and writing those amounts off when needed.

This is why I have more invested in real estate directly than the stock market.




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